Lexington weekly intelligencer. (Lexington, Mo.) 1871-1887, 1887-03-12
DIVORCES.

opinions have prevailed as 10 maifi-
sqe:-1st, That it is merely a civil con-
tract; subject therefore, to the regula-
tions of civil law only. End, That 1t
is purely religious, a sacrament, TO De
regulated, accordingly, by divine law
alone. Srd, That it is a divine Instltn-
ton, with civil features; so far as di-
vine to be governed by the divine law,
and so far as civil to be regulated by
the civil law. This last view l hold
Disorces are recognized pc Of tHc
Kinda; As;acSe Aa;Hc6 49,
sSIt6k ia marriage and allows the
SSfties to act as though not married.
2, A e ct toro, which is a mere
legal separation, leaving b parties
still bound as husband and wife.
Divorce is regarded either as a pen
atty to be visited upon the offender,
or as a right of the one offended, or as
both.
There are recognized two classes OF
causes for divorce: l. Ante-nuptlal,
which make the alleged marriage null
from the beginning. 2. Post-nuptlal'
which recognize the validity OF the
marriage but cause the bond TO be
broken.
1t may be of interest and help to all
intelligent judgment on the question TO
review the history of opinions on the
subject. First in states: Heathen
Rome allowed divorce by consent OF
parties without restriction. Constan-
tine, the first Christian emperor, al
lowed divorce to the wife x-the hus-
band was guilty of murder, preparing
p~oisons, or violating tombs and to the
husband if the wife was guilty of adui-
terry, preparing poisons, or being a
procuress. Justinian allowed it to the
wife if the husband was guilty of treas
enable conspiracy, attempting her life,
attempting t induce her to adultery,
wrongfully accusing her OF adultery,
or of taking a paramount in his own
town ; aud to the husband if the wife
was guilty of either of the first two
mentioned above, or of adultery, or OF
going to baths or banquets with other
men, or OF remaining from home, or OF
going to the circus, theatre, or smphl-
theatre against his wish.
In England, down 10 1888, the state
held that marriage was lnulssoiuble.
aud gave jurisdiction 10 the ecciesias-
tical courts. There were, however,
during this period, divorces tor ante
nuptial causes, such as consangulnlty
divorces q menSa ct tOrO for adultery
and cruelty, and special parliamentary
divorces, which were always complete.
These last were very expensive ,requif-
ing three suits: l. Ecclesiastical. tol
divorce q neasa CT torO. 2. Civil, toi
judgment against the adu!teier. ),
Parliamentary, for complete legal sep
aration and the right OF second marri-
age. By the Divorce Act. 20 and 2l,
Victoria, Caput 50, 1857, there was
created a Court for Divorce and Mat
rimonial Causes - divorce a 'nenSa et
toro was abolished and ''judiciai separ-
alton" substituted, Which was allowed
for adultery, cruelty, and causeleSs de
sertion for two years; and absolute di-
vorce was granted to the husband for
post-nuptial adultery of the wife, II he
had not been guilty of adultery OF OF
unreasonable delay in prosecuting the
suit, or of cruelty, or of desertion, oil
of such misconduct as led to her adui-
terry; similar divorce was allowed the
wife, for incestuOus or bigamous adul
terry, or rape, sodomy, bestiality, o.
adultery and cruelty, or adultery and
two years desertlon on the part OF the
husband. By the act of 1873
the provisions of mtsi prtus for sia
months are applied t. both class
es of divorces. These privilege
leges may be forfeited by conformation
eonnivance, or recrimination. Marri
ages are pronounced null ab initio, if
in England, without license, or not il
q building registered for marriage; O
anywhere, it not between single per
sons if within the fourth degree o
censanguinity, if the parties did no
consent, were not of a sound mind, o
were unable to perform the duties o
matrimony.
In Scotland, divorces have been al
lowed to either party, since the refor
nation, tor adultery, and since 1913
for malicious desertion. Recrimina
ton is not allowed. Judicial separa
ton is granted to either for adultery
or for aggravated cruelty. Parties di
vorced are allowed to marry again, ex
cept the guilty M is not permitted Il
marry the paramour.
In France, the state has alternateC
between the civil code and eccIesiasti
cal law. In 1903, the civil code allow
ed divorce for adultery (Which mus
be aggravated on the husbands part)
for cruelty, for condemnation to imfa
nous punishment, or by mutual con
sent under certain restrictions. Sepa
ration was made an alternative RENE
dy. The ecclesiastical law was e.lab
lished in 1916, and has since prevailed
unless, as is probable, the present re
public has returned 10 the civil code
Under the ecclesiastical rule, ju
dicial separation was allowed.
In Prussia, marriage is purely civi
and the laws are very loose, allowiu,
divorce for adultery, inGurable impt
tency, madness for Il year, ineXcussbI
desertion ,long-continned drunkenness,
ineradicable repuguancc, and for sew
eral other ausCs lu the canton ,
Berne, switzerland, they have & curior
law, granting free divorce; but as
condition both are required to pass s.
weeks in one small room, with OF
bed, II chair, one plate, II spoon
etc. 1t is said that they generally bt
come reconciled to each other.
In the United States, tie civil Coz
has always prevailed. There has bee